Case Title: Nain Sukh v Seema Devi
Justice Satyen Vaidya of Himachal Pradesh High Court while dismissing the petition of a husband, observed that No wife can be forced to live in the matrimonial home with the husband keeping another lady with him
“Respondent (wife) had justifiable ground to live separately as no wife can be forced to live in matrimonial home with husband keeping another lady with him”.
The appeal was filed by the husband challenging the order of the family court, whereas husband’s petition seeking divorce under section 13 of the Hindu Marriage Act had been dismissed.
Justice Satyen Vaidya found that husband allegations of cruelty against the wife were vague and no special instance regarding cruelty was pleaded.
The bench also found that husband wrongly framed the issue of desertion “pleading of necessary jurisdictional facts for the ground of desertion were clearly missing in the petition”.
The court noted that wife was residing separately from her husband since 1995 and she had also provided justifiable reasons for living apart from her husband.
Wife justified that her husband had married another lady and two sons also born out from this marriage.
Further wife had also produced witness before the family court who supported her allegation.
Hence, the bench found that the claim of desertion was not substantiated and, dismissed the husband’s petition.